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(영문) 창원지방법원마산지원 2015.11.25 2015가단6572

대여금

Text

1. The Defendant’s KRW 24,027,802 as well as 5% per annum from June 1, 2007 to November 25, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff transferred KRW 30 million to C’s account on March 28, 2006.

B. D Co., Ltd. (hereinafter “D”) is a company that engages in bill discount purchase, credit business, etc., and C is a person who served as D’s managing director, and E is a person who was the actual operator of D’s credit business company G and H as the Chairperson.

C. The plaintiff and I are married couple, and the defendant is the female mother of I.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Determination as to the cause of claim

A. On March 28, 2006, the Plaintiff’s assertion made a loan to the Defendant by way of remitting the above money to the account of the Defendant’s designated on March 28, 2006. If the said money is not a loan, the Defendant is obligated to pay the Plaintiff the said money to D through the Defendant. If the said money is not a loan, the Plaintiff invested in D through the Defendant, and the Defendant received KRW 24,027,802 from D as a dividend and a refund for investment. Therefore, the Plaintiff is obligated to pay the said money to the Plaintiff.

B. First of all of the determination on the Plaintiff’s loan assertion, as seen earlier, the fact that the Plaintiff remitted KRW 30 million to C’s account on March 28, 2006 as to the Plaintiff’s loan assertion. However, the evidence submitted by the Plaintiff alone is insufficient to recognize the fact that the Plaintiff lent the said money to the Defendant, and there is no other evidence to acknowledge this otherwise, the above assertion is without merit.

C. We examine the Plaintiff’s assertion of investment funds after determining the assertion of investment funds.

The following circumstances, namely, I invested KRW 90 million in D through the Defendant from January 17, 2006 to July 19, 2006, the Defendant received a certain amount of money each month from C, E, etc., and then transferred from February 17, 2006 to November 29, 2006 to the I’s account. The amount is KRW 350,000 if the amount is entered each month from February 17, 2006 to November 29, 2006.